ON MARCH 30, 2016, EPA FILED A CONSENT AGREEMENT AND FINAL ORDER, WHICH INITIATITED AND RESOLVED EPA'S PENALTY CLAIM AGAINST COEN TRANSPORT, LLC FOR A VIOLATION SECTION 311(B)93) OF THE CWA. ON MAY 8, 2015, APPROXIMATELY 4,500 GALLONS OF DIESEL FUEL WERE DISCHARGED FROM RESPONDENT'S TANKER TRUCK ( THE FACILITY ) AFTER THE TRUCK OVERTURNED ONTO THE MEDIAN OF INTERSTATE 79 IN MONONGALIA COUNTY, WEST VIRGINIA, AND SUBSEQUENTLY CAUGHT FIRE. THE DISCHARGED DIESEL OIL ENTERED A STORM DRAIN THAT EMPTIED INTO AND CAUSED A SHEEN UPON SCOTT'S RUN, A TRIBUTARY OF THE MONONGAHELA RIVER, WHICH IS A NAVIGABLE WATER OF THE UNITED STATES. A FISH KILL WAS ALSO OBSERVED IN SCOTT'S RUN FOLLOWING THE DISCHARGE. EPA PROPOSED AND COEN TRANSPORT, LLC SUBSEQUENTLY AGREED TO PAY A PENALTY OF $10,946.00.